The verdict is in in the non-jury surgical malpractice lawsuit filed by 56 year old Kathleen Garrett, who claimed orthopedic surgeon Dr. Joseph “Asa” Bennett was negligent when he severed a nerve in her arm during elbow surgery.  She was awarded $285,000, a little more than half of the $500,000 she requested.

Garrett’s injury originated back in 1990 after a fall from a horse, and the damage to her joint got progressively worse over the years.  In 2005 she consulted with Dr. Bennett who recommended removal of bone fragments.

The surgery was performed with an arthroscopic lens and lasted nearly three hours.  According to court documents, however, inflamed tissue in the joint prevented Dr. Bennett from getting a clear view.  This, according to an expert witness for the plaintiff, is where the medical negligence came into play.

Dr. Edward Season testified that in his opinion, Dr. Bennett should have switched from arthroscopic surgery to open surgery no later than an hour into the procedure because of the inability to properly view the joint.  Unfortunately, that wasn’t the case and Dr. Bennett mistakenly cut Garrett’s radial nerve.

As a result of the medical error, Garrett has lost movement in her left wrist and hand.  It has affected her ability to work and she claims emotional damage as well.  Dr. Bennett admitted to severing the nerve, but claimed it was not negligence.  The judge overseeing the trial disagreed and ruled in favor of the plaintiff.

The hospital where the surgery took place is requesting a new trial.

A Maine jury ruled in favor of the plaintiff, Scott McDonald, in his medical malpractice lawsuit against Mercy Hospital and Dr. James Owens after a medical error nearly took his life in 2003.

The 46 year old man went to the emergency room to be treated for pain he was experiencing from a severe toothache and possible infection.  He informed the ER staff of his allergy to penicillin.  The allergy was also clearly referenced in his paperwork.

Dr. Owens overlooked the warnings and prescribed a medication called Augmentin, an antibiotic that is closely related to penicillin.  Augmentin has been known to cause dangerous reactions in patients who are allergic to penicillin.

After being given the drug, McDonald returned home where he began to swell up and develop a rash all over his body.  The allergic reaction landed him in the intensive care unit for nearly a week.

While the hospital did admit to the medical error, they disagreed with the amount of damages the plaintiff was seeking - $200,000 in compensation and $1 million in punitive damages.  The punitive damages part of McDonald’s lawsuit was dismissed by the judge who stated that the medical error “was not malicious or reprehensible”.

In the end, the jury awarded McDonald $125,000 for his damages.

As patients, we place our trust in doctors to provide us with the highest level of care when we seek medical treatment.  This includes careful review of our medical records and listening closely to our concerns and warnings.  When this is neglected, serious medical errors can result.  If you think you may have been the victim of a medical error that has caused you serious injury or harm, it’s important that you speak with an experienced medical lawyer right away.